Chap. 75.—An ACT to amend and re-enact Sections 5889 as amended and 5889-a
of the Code of Virginia, relating to vacancies in judicial circuits, the creation of
new circuits, election of judges, their terms of office and conditions as to filling
vacancies, to make certain changes as to filling vacancies under certain cir-
cumstances. [S 148}

Approved February 28, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections fifty-eight hundred eighty-nine, as amended, and
fifty-eight hundred eighty-nine-a of the Code of Virginia be amended
and re-enacted, as follows:

Section 5889. Vacancies in the office of judge; new circuit; how
judges elected; duration and commencement of terms of office—(a)
Whenever a vacancy occurs in the office of judge his successor shall be
elected for the unexpired term and upon qualification shall enter at once
upon the discharge of the duties of his office. Provided the Governor
shall have the power during the recess of the General Assembly to fill
pro tempore vacancies in such office, but his appointment to every such
vacancy shall be by commission to expire at the end of thirty days after
the commencement of the next session of the General Assembly.

(b) If anew or additional circuit be created a judge shall be chosen
therefor by the joint vote of the two houses of the General Assembly for
aterm of eight years commencing on the first day of February next fol-
lowing his election and the General Assembly, in any case in which the
act creating a new circuit becomes effective during the same session or
before or during a later session held prior to the regular commencement
of term of the judge so elected, may, by a separate election, fill the vacancy
occasioned by the creation of the new circuit, but in any case in which
the General Assembly cannot or does not fill the vacancy the Governor
shall, as soon as the session is adjourned, appoint a judge for the new
circuit for the time elapsing from the date of its creation until the com-
mencement of the term.

(c) During any vacancy from the creation of the new circuit until
a judge has been elected or appointed to fill the vacancy as provided
herein and has qualified terms of the court shall be held by a judge or by
judges designated as provided by law in cases of vacancies otherwise
occasioned.
Section 5889-a. (a) When a vacancy occurs in the office of judge
of any judicial circuit during such time as there are more than twenty-
five judicial circuits in the State, the Governor shall defer the filling of
the vacancy unless and until the necessity therefore be certified to him by
the Supreme Court of Appeals as hereinafter provided.

* (b) Upon any such vacancy occurring, the court shall promptly
secure, by such means as it deems proper, sufficient information concern-
ing the volume of business in that circuit and in the other judicial circuits
adjacent or near thereto, to enable it to determine whether or not the busi-
ness of that circuit can be so distributed as to render the filling of the va-
cancy unnecessary.

(c) The court shall communicate its findings with respect thereto,
to the Governor, and to the General Assembly if it is in session and if not
in session then at its next succeeding session, and if it appear therefrom
that the court deems it necessary the Governor, if the General Assembly
be not in session, shall, fill the vacancy in the manner prescribed by law.

(d) In any case in which a vacancy occurs or exists while or when
the General Assembly is in session, it may proceed to fill the vacancy
without awaiting the report of the court.

2. An emergency exists and this act is in force from its passage.